What Happens When a Civil Judgment Goes Unpaid?

Winning a civil lawsuit can feel like a major victory, but what happens when the losing party refuses to pay the judgment? In Washington State, creditors have several tools to enforce a civil judgment and collect the money they’re owed. However, enforcement can be a complex and time-consuming process. At the Law Office of Erin Bradley McAleer, we help clients navigate their options to ensure justice is served.

Wage Garnishment: A Direct Approach

One of the most common ways to enforce a judgment is wage garnishment. In Washington, creditors can obtain a court order to garnish up to 25% of the debtor’s disposable income. This means the funds are taken directly from the debtor’s paycheck before they ever reach their hands. While effective, wage garnishment requires precise legal steps, and failure to follow these can lead to delays or even dismissal of the claim.

Bank Account Garnishment: Recovering Funds Directly

Another powerful option is garnishing a debtor’s bank account. Once a creditor identifies where the debtor banks, they can seek a court order to freeze and seize funds from the account. However, certain funds, like Social Security or unemployment benefits, may be exempt. Navigating these exemptions requires an experienced attorney to ensure compliance with Washington’s laws.

Property Liens: Securing Long-Term Recovery

If a debtor owns real estate, creditors can file a lien against the property. This lien ensures the judgment must be paid before the property can be sold or refinanced. While this option doesn’t provide immediate payment, it offers a long-term solution that protects the creditor’s interests. Liens can be particularly effective in cases involving significant assets or valuable property.

Seizing Assets: A Last Resort

For debtors who have valuable personal property, such as vehicles or expensive equipment, creditors can pursue asset seizure. This requires obtaining a writ of execution from the court, which allows law enforcement to confiscate and sell the debtor’s non-exempt assets. While more aggressive, this approach can be highly effective in recovering outstanding debts.

The Clock Is Ticking: Time Limits on Judgments

Civil judgments in Washington are enforceable for 10 years, but they can be renewed for an additional 10 years if necessary. This gives creditors ample time to recover what they’re owed, but acting promptly is always recommended to avoid unnecessary complications.

Why You Need an Experienced Attorney

Enforcing a judgment is rarely straightforward. From navigating complex legal procedures to addressing exemptions and compliance issues, having an experienced attorney by your side can make all the difference. At the Law Office of Erin Bradley McAleer, we provide comprehensive support for creditors seeking to enforce judgments and for debtors protecting their rights.If you’re dealing with an unpaid civil judgment, don’t wait. Call us today at (360) 334-6277 to discuss your case and explore your legal options. Together, we’ll ensure you have the tools and strategies needed to achieve a favorable resolution